Macy’s runs background checks on applicants, but what happens if you are rejected? If you just ignore it, you may keep having the same problem because false information or errors may stay on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.
Does Macy’s Perform Background Checks?
Yes, Macy’s requires background checks for all U.S. applicants. According to a website devoted to helping convicted felons find work, this process includes a criminal history review. This review is conducted to check for any relevant criminal charges and/or convictions within a time frame specified by state and federal law.
However, having a criminal history – even one that includes a felony conviction – does not necessarily preclude an applicant from getting a job at Macy’s. On its website , Macy’s says it will consider hiring qualified candidates with prior arrests/convictions as required by law.
Because the background check required by Macy’s is conducted for employment purposes, you have certain rights Under the Fair Credit Reporting Act (FCRA). These are: the right to be told if information from a background check has been used against you; the right to know the contents of the background check report; and the right to challenge inaccurate or outdated information.
Within this context, you should be aware that state laws vary. However, federal law excludes information about arrests that occurred more than seven years ago from background check reports. There is one exception to this rule, which only applies if the yearly salary for the position you are seeking is more than $75,000. There is no time limit for conviction records.
Finally, if Macy’s uses another company to run background checks, it must have your written consent first.
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Macy’s and Big Retail
Macy’s, Inc. bills itself as a leading U.S. retail business . As such, it operates nearly 700 department stores under its own moniker and the Bloomingdale’s brand. It also operates nearly 200 specialty stores under different brand names and has a considerable presence online. As the company’s flagship brand , Macy’s has more than 600 brick and mortar stores where consumers can find fashionable clothing and related products. It also caters to customers on macys.com, and through its app.
Benefits of Working At Macy’s
In addition to its stores, Macy’s hires people to work in its call centers, distribution centers, corporate offices, food services and technology. Part-time and full-time opportunities for applicants seeking entry-level positions or advancement are generally available. Some of the entry-level positions are:sales associate, merchandise associate, cosmetic associate, and loss prevention worker. Salaries vary by position.
As a Macy’s employee, you may also qualify for certain benefits . These may include employee discounts, flexible scheduling, health insurance, retirement benefits and more.
How Do I Qualify To Work For Macy’s?
You must be at least 18 to work at Macy’s. You must provide proof that you can legally work in the United States, complete a comprehensive questionnaire in addition to the application. You will also have an interview.
And they’ll also run a background check on you….
What are my Background Check Disclosure and Consent Rights?
You have a right to know if an employer will use information from a background check against you and an employer cannot obtain background check information without your express written consent.
A background check company cannot hand over your information to an employer unless the employer certifies that: (1) it has “clearly and conspicuously” disclosed to you in a separate document that it may obtain a background check; (2) you have authorized it to get the background check; and (3) it will provide you with advance notice of any adverse action based in any part on the background check report, a copy of the report, and a summary of your rights under the FCRA.
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Macy’s Background Check Complaints
A 2017 lawsuit included several allegations about Macy’s background checks. Among other things, the suit alleged that the company required applicants to disclose criminal convictions for a period longer than that allowed under applicable laws. Secondly, the suit alleged that Macy’s wrongly requested certain information about convictions that shouldn’t be used to make employment decisions. Finally, the suit alleged that Macy’s ignored mitigating factors for job applicants with criminal histories.
You Received A Pre-Adverse Action Notice From Macy’s. What Are Your Legal Rights?
By law, anyone who uses the information in a background check report to screen job applicants must let any applicant know when they didn’t get the based on the information in the report.
This means you have a right to see what is in the background check. Depending on your specific circumstances, you may also be able to sue the company that requested the background check and rejected your application, or the company that issued the background check report
Your Right to an Accurate and Legally-Compliant Report From Macy’s
A background check company must take reasonable steps to ensure its report is as accurate as possible.
The FCRA also puts limits on the negative information a background check report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information (except criminal convictions) after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions
Your Right to Dispute an Unfair Background Check Report from Macy’s
If you don’t get a job because of information on your background check report, you are entitled to a copy of the report. You also have the right to dispute the report if it has errors or includes information it shouldn’t.
If you dispute your report, the background check company must investigate and correct any errors within 30 days.
Were You Harmed By False Information or Errors In Your Macy’s Background Check Report?
Often, whether you get hired or promoted depends on the information gleaned from an employment background check. A background check can come in many shapes and sizes. It may be as simple as verifying your social security number. Or it may include a detailed report of your credit and criminal history, or even information gathered from interviews of your friends and neighbors about your character and reputation.
Whatever the scope of the background check, the FCRA sets strict standards for how employers background check companies get consent for and conduct background checks, and what they can do with the information they find.
If a background check commissioned by Macy’s fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Macy’s if your report includes inaccurate or illegal info
If you lost out on a Macy’s job or were suspended or fired because a background check report included inaccurate or illegal information, you may be able to sue in federal court. If you sue and win, you may be entitled to your actual damages or statutory damages up to $1,000, plus punitive damages, attorneys’ fees, and court costs.
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If you’re ready to assert your rights and fight incorrect information in your background check, we can help you get justice. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions.
He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
